Highland Stucco and Lime Products, Inc. v. Onorato
In an asbestos products liability suit, the Third District reversed an order denying a California stucco manufacturer's motion to dismiss for lack of personal jurisdiction. Although the complaint alleged a tortious act in Florida under section 48.193(1)(a)(2), the defendant's detailed affidavit shifted the burden back to plaintiffs, who offered only unauthenticated 1959 trade-journal materials about a separate, long-dissolved Florida corporation and prior deposition testimony that did not refute the affidavit, failing the federal minimum-contacts due process prong.
Key facts
- Highland Stucco and Lime Products, Inc., a California stucco manufacturer, was sued in asbestos products liability by Onorato, who alleged exposure to the defendant's product in Florida.
- The trial court denied the defendant's motion to dismiss for lack of personal jurisdiction based on allegations of a tortious act in Florida, but the defendant filed a detailed affidavit contesting the jurisdictional allegations.
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Why it matters
The opinion gives defense counsel a reusable roadmap for defeating long-arm jurisdiction in products cases: a comprehensive, itemized corporate affidavit shifts the burden, and plaintiffs must then prove purposeful… — full analysis with a trial
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